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37 U.S.C. § 907 — Enlisted members and warrant officers appointed as officers: pay and allowances stabilized
Federal law — U.S. Code and appendices · legal_authorities
**(a)** An enlisted member who accepts an appointment as an officer shall, for service as an officer, be paid the greater of—
(1) the pay and allowances to which the officer is entitled as an officer; or
(2) the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.
**(b)** A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W–4 shall, for service as such a commissioned officer, be paid the greater of—
(1) the pay and allowances to which the officer is entitled as such a commissioned officer;
(2) the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or
(3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.
**(c)** For the purposes of this section—
(1) the pay and allowances of a grade formerly held by an officer include—
(A) subject to subsection (d), special and incentive pays under chapter 5 of this title; and
(B) subject to subsection (e), allowances under chapter 7 of this title; and
(2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title.
**(d)**
(1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and
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Source file: Laws/federal/codes/united-states-code/title-37/section-907-enlisted-members-and-warrant-officers-appointed-as-officers-pay-and-allo--a6088119e1.md
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Source location: Title 37, Chapter 17, § 907; chapter-017-miscellaneous-rights-and-benefits.md
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**(a)** An enlisted member who accepts an appointment as an officer shall, for service as an officer, be paid the greater of—
(1) the pay and allowances to which the officer is entitled as an officer; or
(2) the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.
**(b)** A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W–4 shall, for service as such a commissioned officer, be paid the greater of—
(1) the pay and allowances to which the officer is entitled as such a commissioned officer;
(2) the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or
(3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer.
**(c)** For the purposes of this section—
(1) the pay and allowances of a grade formerly held by an officer include—
(A) subject to subsection (d), special and incentive pays under chapter 5 of this title; and
(B) subject to subsection (e), allowances under chapter 7 of this title; and
(2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title.
**(d)**
(1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty that creates the entitlement to, or eligibility for, that pay and would otherwise be eligible to receive that pay in the former grade:
(A) Incentive pay for hazardous duty under section 301 or 351 of this title.
(B) Submarine duty incentive pay under section 301c or 352 of this title.
(C) Special pay for diving duty under section 304 or 353(a) of this title.
(D) Hardship duty pay under section 305 or 352 of this title.
(E) Career sea pay under section 305a or 352 of this title.
(F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b or 352 of this title.
(G) Assignment incentive pay under section 307a or 352 of this title.
(H) Special pay for duty subject to hostile fire or imminent danger under section 310 or 351 of this title.
(I) Special pay or bonus for an extension of duty at a designated overseas location under section 314 or 352 of this title.
(J) Foreign language proficiency pay under [section 353(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section353/b&num=0&edition=prelim).
(K) Critical skill retention bonus under section section 11 So in original. 355 of this title.
(2) The following special and incentive pays are dependent on a member being in an enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer:
(A) Special duty assignment pay under section 307 or 352 of this title.
(B) Reenlistment bonus under [section 331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section331&num=0&edition=prelim).
(C) Enlistment bonus under [section 331 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section331&num=0&edition=prelim).
(D) Career enlisted flyer incentive pay under section 320 or 353 of this title.
**(e)** The clothing allowance under [section 418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section418&num=0&edition=prelim) may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer if the officer is entitled to a uniform allowance under [section 415 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section415&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Availability of Special Pay.—** A member of a uniformed service who is entitled to basic pay is also entitled, while on sea duty, to special pay at the applicable rate under subsection (b).
**(b) Rates; Maximum.—** The Secretary concerned shall prescribe the monthly rates for special pay applicable to members of each armed force under the Secretary’s jurisdiction. No monthly rate may exceed $750.
**(c) Premium.—** A member of a uniformed service entitled to career sea pay under this section who has served 36 consecutive months of sea duty is also entitled to a career sea pay premium for the thirty-seventh consecutive month and each subsequent consecutive month of sea duty served by such member. The monthly amount of the premium shall be prescribed by the Secretary concerned, but may not exceed $350.
**(d) Regulations.—** The Secretary concerned shall prescribe regulations for the administration of this section for the armed force or armed forces under the jurisdiction of the Secretary. The entitlements under this section shall be subject to the regulations.
**(e) Definition of Sea Duty.—**
(1) In this section, the term “sea duty” means duty performed by a member—
(A) while permanently or temporarily assigned to a ship and—
(i) while serving on a ship the primary mission of which is accomplished while under way;
(ii) while serving as a member of the off-crew of a two-crewed submarine;
(iii) while serving as a member of a tender-class ship (with the hull classification of submarine or destroyer); or
(iv) while serving as an off-cycle crewmember of a multi-crewed ship; or
(B) while permanently or temporarily assigned to a ship and while serving on a ship the primary mission of which is normally accomplished while in port, but only durin
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 305a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him.
**(b)** In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim), the Secretary of Defense shall take into account the requirement under subsection (b) of such section for such persons to wear a uniform.
**(c)** A uniform allowance may not be paid, and uniforms may not be furnished, under [section 1593 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1593&num=0&edition=prelim) or [section 5901 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901&num=0&edition=prelim) to a person referred to in subsection (b) for a period of employment referred to in that subsection for which clothing is furnished or a uniform allowance is paid under this section.
**(d)**
(1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, Marine Corps, or Space Force upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.
(2) In procuring athletic footwear to comply with parag
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 418
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty—
(1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under [section 301a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301a&num=0&edition=prelim);
(2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1);
(3) involving parachute jumping as an essential part of military duty;
(4) involving the demolition of explosives as a primary duty, including training for that duty;
(5) inside a high- or low-pressure chamber;
(6) as a human acceleration or deceleration experimental subject;
(7) as a human test subject in thermal stress experiments;
(8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched;
(9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria;
(10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions);
(11) involving regular participation as a member of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to subsection (b), an officer of an armed force is entitled to an initial allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment—
(1) upon first reporting for active duty (other than for training) for a period of more than 90 days;
(2) upon completing at least 14 days of active duty as a member of a reserve component;
(3) upon completing 14 periods, each of which was of at least two hours’ duration, of inactive-duty training as a member of the Ready Reserve; or
(4) upon reporting for the first period of active duty required by [section 2121(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121/c&num=0&edition=prelim) as a member of the Armed Forces Health Professions Scholarship program.
**(b)** An officer who has received an initial uniform reimbursement or allowance under any other law is not entitled to an initial allowance under subsection (a).
**(c)** An allowance of $250 for uniforms and equipment may be paid to each commissioned officer of the Public Health Service who is—
(1) on active duty or on inactive duty training status; and
(2) required by directive of the Surgeon General to wear a uniform.
An officer is not entitled to more than one allowance under this subsection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 415
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An enlisted member who is entitled to basic pay and is performing duties which have been designated under subsection (b) as extremely difficult or as involving an unusual degree of responsibility in a military skill may, in addition to other pay or allowances to which he is entitled, be paid special duty assignment pay at a monthly rate not to exceed $600.
**(b)** The Secretary concerned shall determine which enlisted members under his jurisdiction are to be paid special duty assignment pay under subsection (a). He shall also designate those skills within each armed force under his jurisdiction for which special duty assignment pay is authorized and shall prescribe the criteria under which members of that armed force are eligible for special duty assignment pay in each skill. He may increase, decrease, or abolish such pay for any skill.
**(c)** This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when the Coast Guard is not operating as a service in the Navy.
**(d)**
(1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when an enlisted member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) performs duty for which a member described in subsection (a) is entitled to special pay under such subsection, the member of the National Guard or reserve component is entitled to an increase in compensation equal to 1⁄30 of the monthly special duty assignment pay prescribed by the Secretar
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 307
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The rates of monthly basic pay for members of the uniformed services within each pay grade are those prescribed in accordance with [section 1009 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1009&num=0&edition=prelim) or as otherwise prescribed by law.
(2) Notwithstanding the rates of basic pay in effect at any time as provided by law, the rates of basic pay payable for commissioned officers in pay grades O–7 through O–10 may not exceed the monthly equivalent of the rate of pay for level II of the Executive Schedule, and the rates of basic pay payable for all other officers and for enlisted members may not exceed the monthly equivalent of the rate of pay for level V of the Executive Schedule.
**(b)** While serving as a permanent professor at the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy or as a member of the permanent commissioned teaching staff at the United States Coast Guard Academy, an officer who has over 36 years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim) is, in addition to the pay and allowances to which he is otherwise entitled under this title, entitled to additional pay in the amount of $250 a month. This additional pay may not be used in the computation of retired pay.
**(c)** A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to monthly cadet pay, or midshipman pay, at the monthly rate equal to 35 percent of the basic pay of a commissioned officer in the pay grade O–1 with less than two years of service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 203
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to Provide Bonus.—** The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who—
(1) enlists in an armed force;
(2) enlists in or affiliates with a reserve component of an armed force;
(3) reenlists, voluntarily extends an enlistment, or otherwise agrees to serve—
(A) for a specified period in a designated career field, skill, or unit of an armed force; or
(B) under other conditions of service in an armed force;
(4) transfers from a regular component of an armed force to a reserve component of that same armed force or from a reserve component of an armed force to the regular component of that same armed force;
(5) transfers from a regular component or reserve component of an armed force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring; or
(6) transfers from a regular component or reserve component of an armed force to the Space Force or from the Space Force to a regular component or reserve component of another armed force, subject to the approval of the Secretary with jurisdiction over the armed force to which the member is transferring.
**(b) Service Eligibility.—** A bonus authorized by subsection (a) may be paid to a person or member only if the person or member agrees under subsection (d)—
(1) to serve for a specified period in a designated career field, skill, unit, or grade; or
(2) to meet some other condition or conditions of service imposed by the Secretary concerned.
**(c) Maximum Amount and Method of Payment.—**
(1) **Maximum amount.—** — The Secretary concerned shall determine the amount of a bonus to be paid under this section, except t
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 331
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Special Pay Authorized.—** A member of a uniformed service who is entitled to basic pay may be paid special pay under this section while the member is performing duty that is designated by the Secretary of Defense as hardship duty.
**(b) Payment on Monthly or Lump Sum Basis.—** Special pay payable under this section may be paid on a monthly basis or in a lump sum.
**(c) Maximum Rate or Amount.—**
(1) The monthly rate of special pay payable to a member under this section may not exceed $1,500.
(2) The amount of the lump sum payment of special pay payable to a member under this section may not exceed the product of—
(A) the maximum monthly rate in effect under paragraph (1) at the time the member qualifies for payment of special pay under this section; and
(B) the number of months during which the member will be performing the designated hardship duty.
**(d) Relationship to Other Pay and Allowances.—** Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.
**(e) Repayment.—** A member who is paid special pay in a lump sum under this section, but who fails to perform the designated hardship duty during the months included in the calculation of the amount of the lump sum under subsection (c)(2), shall be subject to the repayment provisions of [section 303a(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section303a/e&num=0&edition=prelim).
**(f) Regulations.—** The Secretary of Defense shall prescribe regulations for the payment of hardship duty pay under this section, including the specific monthly rates at which the special pay will be available.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations prescribed by the Secretary concerned, a member of a uniformed service who is entitled to basic pay is entitled to special pay, in the amount set forth in subsection (b), for periods during which the member—
(1) is assigned by orders to the duty of diving;
(2) is required to maintain proficiency as a diver by frequent and regular dives; and
(3) either—
(A) actually performs diving duty while serving in an assignment for which diving is a primary duty; or
(B) meets the requirements to maintain proficiency as described in paragraph (2) while serving in an assignment that includes diving duty other than as a primary duty.
**(b)** Special pay payable under subsection (a) shall be paid at a rate of not more than $240 a month, in the case of an officer, and at a rate of not more than $340 a month, in the case of an enlisted member.
**(c)** If, in addition to diving duty, a member is assigned by orders to one or more hazardous duties described in [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301&num=0&edition=prelim), the member may be paid, for the same period of service, special pay under this section and incentive pay under such section 301 for each hazardous duty for which the member is qualified.
**(d)**
(1) Under regulations prescribed by the Secretary concerned and to the extent provided for by appropriations, when a member of the National Guard or a reserve component of a uniformed service who is entitled to compensation under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206&num=0&edition=prelim) performs diving duty, pursuant to orders, such member is entitled to an increase in compensation equal to 1⁄30 of the mon
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Federal law — U.S. Code and appendices · legal_authorities
Page 235
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 907
1 So in original.
case may be, who extends his enlistment under
section 509 of title 10 is entitled to the same pay
and allowances as though he had reenlisted. For
the purposes of determining entitlement to re-
enlistment bonus or to travel and transpor-
tation allowances upon discharge, all such ex-
tensions of an enlistment are considered one
continuous extension.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L.
90–235, § 2(c), Jan. 2, 1968, 81 Stat. 757; Pub. L.
116–283, div. A, title IX, § 925(j), Jan. 1, 2021, 134
Stat. 3829.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
906(a) ......
10:3263(b).
[None.]
10:8263(b).
[None.]
906(b) ......
10:5539(b).
[None.]
In subsection (a), the words ‘‘who extends his enlist-
ment’’ are substituted for the words ‘‘While serving
under an enlistment extended’’. The words ‘‘same pay
and allowances as though he had reenlisted’’ are sub-
stituted for the last 31 words of section 3263(b) of title
10 and the last 31 words of section 8263(b) of title 10.
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 inserted ‘‘Space Force,’’ after
‘‘Marine Corps,’’.
1968—Pub. L. 90–235 struck out provisions formerly
set out as subsec. (a) which provided that a member of
the Army or Air Force who had extended his enlist-
ment was entitled to the same pay as though he had re-
enlisted, redesignated as entire section provisions for-
merly set out as subsec. (b) and substituted ‘‘Army,
Navy, Air Force, Marine Corps, or Coast Guard’’ for
‘‘Regular Navy or the Regular Marine Corps’’ and ‘‘sec-
tion 509 of title 10’’ for ‘‘section 5539 of title 10’’.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTI
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 907
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